E-Update for the Week of June 21, 2021

Highlights:

• On June 16, USED Secretary Miguel Cardona testified in front of the Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee regarding the Department’s fiscal year (FY) 2022 budget request. Similarly, on June 16, the House Education and Labor Committee held a hearing examining the U.S. Department of Health and Human Services’s (HHS) FY2022 budget request, in which HHS Secretary Xavier Becerra testified.
• On June 16, USED released a Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include discrimination based on sexual orientation and gender identity.
• On June 14, USED posted an initial batch of 27 plans submitted by State Education Agencies (SEAs) describing how the states plan to use American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) funds.

Biden Administration Transition:

Nominations and Personnel:

HELP Committee advances fourth USED nomination: On June 16, the Senate Health, Education, Labor, and Pensions (HELP) Committee advanced the nomination of Gwen Graham to serve as the U.S. Department of Education (USED) Assistant Secretary for Legislation and Congressional Affairs by a voice vote. A vote by the full Senate has not yet been scheduled. A press release from Senate HELP Committee Chairwoman Patty Murray (D-WA) is here.
June 16, 2021

Biden announces USED OIG nomination, additional USED appointees: President Joe Biden announced his intent to nominate Sandra Bruce to serve as USED’s Inspector General. Bruce currently serves as the Department’s acting Inspector General. “Sandra has dedicated her life to public service, bringing decades of experience at various federal agencies,” stated USED Secretary Miguel Cardona following the announcement. “Her expertise and integrity have made her an invaluable leader here at the Department.” A press release is here.

USED also announced additional political appointees that will lead in various areas of the Department. Appointees announced include Alice Abrokwa, Senior Counsel in the Office for Civil Rights (OCR), Clare McCann, Special Assistant in the Office of the Under Secretary, and Gypsy Moore, Senior Counsel in the Office of the General Counsel. A press release is here.
June 11, 2021

Budget and Appropriations:

Cardona testifies in front of Senate Labor/HHS appropriations subcommittee: USED Secretary Miguel Cardona testified in front of the Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee regarding the Department’s fiscal year (FY) 2022 budget request. This was the Secretary’s first appearance before Congress since President Biden released his full FY2022 budget request in late May. During the hearing, Secretary Cardona highlighted several new investments in the President’s budget request, such as the Title I Equity Grants and the College Completion programs, while emphasizing the need to increase investments in early childhood through postsecondary education to reduce inequities. Democratic Members, while largely supportive of the Department’s request, sought additional information on how the Secretary is addressing the needs of specific student groups as well as efforts to address affordability concerns for higher education. Meanwhile, Republican Members expressed their concern with providing additional education funding following robust supplemental funding included in previous pandemic relief packages. Republican Members also cautioned against creating programs that provided free community college for all students, as opposed to efforts that support low-income students only. Secretary Cardona’s opening statement is here, and a recording of the hearing is here.
June 16, 2021

Becerra testifies in front of House Education and Labor Committee: The House Education and Labor Committee held a hearing examining the U.S. Department of Health and Human Services’s (HHS) FY2022 budget request, in which HHS Secretary Xavier Becerra testified. During the hearing, Secretary Becerra highlighted the budget request’s inclusion of funding for early childhood education, including its proposal for universal high-quality pre-k for all 3- and 4-year-olds. In his responses, Secretary Becerra called for higher salaries to attract and retain child care workers and emphasized equity in ensuring access to high-quality care. Secretary Becerra also discussed the importance of expanding mental health services to young children, particularly those in Head Start, and framed child care as a necessary part of the nation’s infrastructure. Meanwhile, Republican Members voiced concerns about funding oversight, particularly considering the supplemental early education funding provided in previous pandemic relief bills. A recording of the hearing is here.
June 16, 2021

House Appropriations Committee sets markup calendar for FY22 appropriations bills: The House Appropriations Committee announced the Committee’s schedule to markup FY2022 appropriations bills. The House Labor/HHS Appropriations Subcommittee will markup the FY2022 Labor/HHS appropriations bill on July 12 and the full Appropriations Committee will markup the bill on July 15. Additionally, on June 29 the full Appropriations Committee will adopt topline spending levels for each of the 12 subcommittees. Once the House Appropriations Committee completes the markup process, it is expected the full House will consider the bills in July. No schedule has been set by the Senate Appropriations Committee to consider their versions of FY2022 appropriations bills. A press release from the House Appropriations Committee is here.

Relatedly, on June 14, the House adopted a “deeming” resolution that sets a $1.5 trillion discretionary spending level for the upcoming fiscal year and allows the House Appropriations Committee to begin drafting FY2022 spending bills ahead of Committee markups later in June and July. The deeming resolution does not include a breakdown for defense and non-defense discretionary spending, which will be set by the House Appropriations Committee. A statement from House Budget Committee Chairman John Yarmuth (D-KY) is here, and a statement from Committee Ranking Member Jason Smith (R-MO) is here.
June 14 and 15, 2021

Coronavirus Updates (as related to education):

Administration:

U.S. Department of Education (USED):

USED posts first batch of SEA plans for ARP ESSER funds: USED posted an initial batch of 27 plans submitted by State Education Agencies (SEAs) describing how the states plan to use American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) funds. The plans, which are currently under the Department’s review, include states’ strategies to accelerate and sustain a safe return to in-person instruction; implement COVID-19 prevention and mitigation strategies; offer summer learning and enrichment programs; provide social, emotional, and mental health supports to students; and address the academic impact of lost instructional time. A press release is here, and a presentation from Georgetown’s Edunomics Lab is here.
June 14, 2021

Congress:

Senate:

HELP Committee explores how campuses have supported students during pandemic: The Senate HELP Committee held a full Committee hearing titled, “COVID-19 Response and Recovery: Supporting the Needs of Students in Higher Education & Lessons on Safely Returning to Campus.” The hearing explored how institutions of higher education have responded to the pandemic and how they are preparing to return to in-person instruction in the fall. In her opening remarks, Chairwoman Patty Murray (D-WA) noted that institutions have faced a notable decline in student enrollment while students themselves have faced difficulties in accessing resources such as housing, food, and other campus supports needed to thrive while in school. The Chairwoman also noted the rising cost of attendance and cautioned against returning to “normal,” which she stated involved “systemic racial and economic inequities… and an epidemic of sexual assault, harassment, and bullying on campuses.” Ranking Member Richard Burr (R-NC) noted that institutions have received $76 billion directly but have only spent $23 billion as of the beginning of June. The Ranking Member further noted that while institutions have received federal support there has been no increase in student outcomes with a lack of accountability. Ranking Member Burr cited a report from the National Center on Education Statistics (NCES) that found the four-year graduation rate is only 52 percent and the six-year graduation rate is only 62 percent. A recording of the hearing is here. Chairwoman Murray’s full opening remarks are here. Ranking Member Burr’s opening remarks are here.
June 17, 2021

Non-Coronavirus Updates:

Administration:  

U.S. Department of Education (USED):

USED interprets Title IX protections to include LGBTQ+ students, including from policies that exclude students from extracurricular activities: USED released a Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include discrimination based on sexual orientation and gender identity. The notice clarifies that LGBTQ+ students are now protected from discrimination on the basis of their sexual orientation and gender identity under Title IX. The Department has based its interpretation on the U.S. Supreme Court’s decision in Bostock v. Clayton County, which ruled that Title VII of the Civil Rights Act of 1964 protects against discrimination on the basis of sexual orientation and gender identity. “The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections,” said USED Secretary Miguel Cardona. “Today, the Department makes clear that all students – including LGBTQ+ students – deserve the opportunity to learn and thrive in schools that are free from discrimination.” The Department’s notice indicates that it will pursue investigations of complaints received alleging discrimination, including instances of exclusion from extracurricular activities. A press release from USED is here, a press release from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here, and a press release from Senate HELP Committee Chairwoman Patty Murray (D-WA) is here.
June 16, 2021

USED announces borrower defense claim approval, Cardona recuses himself from ACICS appeal: USED announced it approved 18,000 borrower defense claims and would provide 100 percent relief to borrowers. The approval provides nearly $500 million in debt relief to student borrowers who submitted claims related to two instances of fraud on behalf of ITT: misrepresentation of students’ employment prospects, and the ability of students to transfer credits to other institutions. Today’s action is part of the Biden-Harris Administration’s continued commitment to stand up for borrowers when their institutions take advantage of them. Many of these borrowers have waited a long time for relief, and we need to work swiftly to render decisions for those whose claims are still pending. This work also emphasizes the need for ongoing accountability so that institutions will never be able to commit this kind of widespread deception again,” stated USED Secretary Cardona. The Department attributes the findings that made the approvals possible to the support from the Consumer Financial Protection Bureau (CFPB), the Iowa Office of the Attorney General, and Veterans Education Success. A press release is here.

Related to the Department’s efforts to increase institutional accountability, USED Secretary Cardona announced that he would recuse himself from the appeal process for the Accrediting Council for Independent Colleges and Schools (ACICS), which Department officials have previously revoked their federal recognition. After their termination was revoked, ACICS appealed the decision to the Secretary who would make the final determination. Due to his recusal, the decision will now be made by USED Deputy Secretary Cindy Marten. It is still expected that Deputy Secretary Marten will uphold the Department’s decision and ACICS’s revocation will stand. A notice from Cardona is here. (Note: A subscription to POLITICO Pro is required.)
June 16, 2021

Supreme Court of the U.S. (SCOTUS)

SCOTUS asks DOJ to weigh-in on Harvard admission’s case: The Supreme Court requested the U.S. Department of Justice (DOJ) to share its views on whether the Court should hear a challenge to Harvard University’s consideration of race in undergraduate student admissions. The action signals the interest of at least some justices in considering an appeal brought by anti-affirmative action group Students for Fair Admissions, who accused Harvard of discriminating against Asian American applicants. An article from Reuters is here.

Upcoming Events (Congressional and Administration):

• On June 22 at 4:00 pm, the USED Office of Civil Rights will hold a virtual meeting to discuss the Notice of Request for Information Regarding Nondiscriminatory Administration of School Discipline. The meeting will discuss the disparities in exclusionary discipline that exist for students on the basis of race, color, national origin, sex, and disability. More information and registration are here.
• On June 23 at 2:30 pm, the Senate Banking, Housing, and Urban Affairs Committee will hold a hearing titled, “Child Care in an Equitably Post-Pandemic Economy.” More information will be posted here.
• On June 24 at 10:15 am, the House Education and Labor Committee will hold a hearing titled, “Examining the Policies and Priorities of the U.S. Department of Education.” USED Secretary Miguel Cardona will testify. The hearing will be livestreamed here.

Upcoming Events (Outside Organizations):

• On June 21 at 12:00 pm, the Urban Institute will hold an event titled, “Historic Crisis, Historic Opportunity: Using Evidence to Mitigate the Effects of the COVID-19 Crisis on Young Children and Early Care and Education Programs.” The webinar will feature a discussion of evidence-based, equity-centered policy solutions to address key issues, as well as a conversation about how the American Rescue Plan can expand access to high-quality early childhood education programs and address the numerous gaps highlighted by the pandemic. More information and registration are here.
• On June 22 at 10:00 am, the Center for American Progress (CAP) will hold an event titled, “The Economics of Care: What’s at Stake for Women in the Workforce.” The webinar will feature a conversation with leading economists and experts about the current status of women in the economy, the lessons learned from the pandemic, and what it means to center women in the conversation about the critical investments needed to propel a strong economic recovery. More information and registration are here.
• On June 22 at 1:00 pm, the National Center for Institutional Diversity will hold an event titled, “Anti-Asian Hate & the Mental Health Crisis on College Campuses.” The webinar will focus on Asian American and Pacific Islander (AAPI) college student experiences, positionalities, and mental health, and then provide recommendations, both structural and individual, for improving AAPI student well-being. More information and registration are here.
• On June 22 at 1:00 pm, the University of California National Center for Free Speech and Civic Engagement will hold an event titled, “Fellows in the Field: Students, Law Enforcement & Free Speech Policies.” The webinar will feature a conversation with Center fellows who will present their research surrounding law enforcement and free speech on campus. More information and registration are here.
• On June 22 at 3:30 pm, the Bipartisan Policy Center (BPC) will hold an event titled, “Work is Changing: How Will it Impact Child Care?” The webinar will discuss BPC’s new survey findings on the changing nature of work and its implications on child care. More information and registration are here.

Publications (Administration):

• On June 16, the National Center for Education Statistics (NCES) published a report titled “2019–20 National Postsecondary Student Aid Study (NPSAS:20): First Look at the Impact of the Coronavirus (COVID-19) Pandemic on Undergraduate Student Enrollment, Housing, and Finances (Preliminary Data).” The report provides the first national estimates of the early impact of COVID-19 on postsecondary students. Key findings include identifying that about 84% of undergraduates had some or all of their classes moved to online-only instruction during the 2020 spring semester; that 27% of undergraduates reported receiving a tuition refund from their institution; and about 87% of undergraduate students experienced a disruption or change in enrollment. The full report is here.

Publications (Outside Organizations):

• On June 15, the RAND Corporation published a report titled, “Job-Related Stress Threatens the Teacher Supply: Key Findings from the 2021 State of the U.S. Teacher Survey.” The report explores the issue of job-related stress among teachers through a survey fielded in January and February of 2021. Key findings include identifying that at the end of the school year, one in four teachers were considering leaving their job; that Black or African American teachers were particularly likely to plan to leave; and that teachers were more likely to report experiencing frequent job-related stress and symptoms of depression than the general population. The full report is here.
• On June 14, the California Student Aid Commission published a report titled, “Fall 2020 COVID-19 Student Survey.” The report examines how the pandemic affected students’ college experience, including their classes, work, living situations, financial circumstances and mental health. Key findings include identifying that in the fall of 2020, 62% of students surveyed had unreliable internet connections; 44% of students could not access online course materials; and 70% of students missed class and homework due to stress. The full report is here.

Latest from EducationCounsel:

• Danielle Ewen co-authored a publication titled, “Contracts Can Support the Child Care Workforce but Require Thinking outside the Box.” The publication was co-authored with Gina Adams and Grace Leutmer, and discussed how state child care administrators could establish new contracts in order to support the child care system. The publication is here (with the original post on Urban Wire).

Legislation:

H.R.3870
A bill to amend the Higher Education Act of 1965 to include teacher preparation for computer science in elementary and secondary education.
Sponsor: Rep. Derek Kilmer (D-WA)

H.R.3871
A bill to authorize the Secretary of Education to provide grants for education programs on the history of the treatment of Italian Americans during World War II.
Sponsor: Rep. Zoe Lofgren (D-CA)

H.R.3878
A bill to amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses.
Sponsor: Rep. Michelle Steel (R-CA)

H.R.3895
A bill to establish collective bargaining rights for college athletes, and for other purposes.
Sponsor: Rep. Jamaal Bowman (D-NY)

H.R.3928
A bill to amend the Higher Education Act of 1965 to reform the American History for Freedom program, and for other purposes.
Sponsor: Rep. Madison Cawthorn (R-NC)

H.R.3941
A bill to amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps educational awards.
Sponsor: Rep. John Larson (D-CT)

H.R.3943
A bill to establish a commission to make recommendations for modernizing Federal financing of early care and education programs.
Sponsor: Rep. Burgess Owens (R-UT)

H.R.3946
A bill to improve the structure of the Federal Pell Grant program, and for other purposes.
Sponsor: Rep. Mark Pocan (D-WI)

S.2054
A bill to amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary education.
Sponsor: Senator Jack Reed (D-RI)

S.2060
A bill to amend disclosure requirements of foreign gifts and contracts under the Higher Education Act of 1965.
Sponsor: Senator Tom Cotton (R-AR)

S.2075
A bill to amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps educational awards.
Sponsor: Senator Michael Bennet (D-CO)

S.2081
A bill to improve the structure of the Federal Pell Grant program, and for other purposes.
Sponsor: Senator Mazie Hirono (D-HI)

S.2086
A bill to improve the identification and support of children and families who experience trauma.
Sponsor: Senator Dick Durbin (D-IL)